Terms & Conditions
Calder Trade Supplies Ltd (referred to as "we", "our" and "us") is the operator of this website (www.ctsironmongery.co.uk). As a user of this website (referred to as "you" and "your") you acknowledge that your use of this website, including any order you make, is subject to our terms and conditions below and constitutes your acceptance of those terms and conditions also.
We reserve the right to change these terms and conditions at any time. Any changes will take effect on the date they are posted onto this website. Your continued use of this website will be subject to the then current terms and conditions.
2. SERVICE AVAILABILITY
2.1 Our website is intended for use by people resident in the United Kingdom. If you reside outside of the UK then please contact us for availability.
3. YOUR STATUS
3.1 By placing an order through this website, you warrant to us that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are a UK resident and
3.1.4 You are accessing our website from the UK.
4. THE ORDER PROCESS
4.1 Before you submit an order (by clicking the Submit Order button) you will have an opportunity to identify and correct any input errors in your order.
4.2 After you submit an order we will give you an Order Reference Number and we will give you details of the goods you have ordered. We will send the same details to you in an email to the email address you provided. This email will be an acknowledgement of your order and not an acceptance of it.
4.3 We do not file details of your order for you to subsequently access directly from our website. Therefore, please print out your acknowledgement of order for your future reference.
5. THE CONTRACT WITH US
5.1 Unless we send you a pro forma invoice by prior agreement, you may only make payment using a credit card or debit card online or by credit or debit card and cash in store. Once the required payment has been received by us we will confirm that your order has been accepted by sending you another email. We may also decline all or part of your order for any reason, in which case our further email will tell you so. Our acceptance of your order brings into existence a legally binding contract between us.
5.2 If you are buying on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use this website.
6.1 The price payable for goods that you order are as set out in our website (except in cases of obvious error) and are in UK pounds. They include value added tax payable (which is charged at a rate of 20%).
6.2 You will be required to pay extra for delivery at the rates set out separately in your Shopping Basket.
6.3 The total cost of your order will be the price of the goods you order, plus any value added tax (under clause 6.1 above) and any applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
6.4 Prices, offers and goods are subject to availability and may change at any time throughout the order and fulfilment process. We are under no obligation to provide any goods to you at an incorrect price, even after we have sent you an acceptance of order, if the pricing error is obvious and unmistakable and would have reasonably been recognised by you as a mis-pricing.
6.5 We try and ensure that at all times the information and prices on our website are accurate and up to date, however, errors can occur. If we discover an error in price or description of a good ordered by you, we will tell you as soon as possible and ask you whether you wish to reconfirm your order at the correct price or cancel it. If we are unable to contact you we will treat your order as cancelled.
6.6 Payment for all products must be by credit or debit card. We accept payment with Maestro/Switch, Mastercard, and Visa.
6.7. We are registered for VAT in the United Kingdom, our VAT number is 427-6755-23.
6.8 Promotion codes may only be used for the specific ranges that they apply to. Codes used on our web site for other ranges will be rejected and we will contact you to advise of the problem at the earliest opportunity.
7.1 We will deliver the goods ordered by you to the address you supply at the time you make your order by using our carrier service. All deliveries must be signed for by someone aged 18 years or over. Please make sure you keep the receipt enclosed with your goods.
7.2 Very occasionally different products in the same order will be delivered separately. We will let you know in advance if this is to happen.
7.3 This clause 7.3 shall only apply if you are ordering from the European Economic Area. Under the Consumer Protection (Distance Selling) Regulations 2000, we are obliged to deliver the goods you have ordered within 30 days of your order.
7.4 An estimated delivery time will be given to you in our acknowledgement of order.
7.5 You will become the owner of the goods you have ordered when they have been delivered to you (and paid for in full). Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. As such you should ensure you are adequately insured against any damage or loss that may occur to the goods.
8. DELIVERY CHARGES
8.1 Our delivery charges depend on the value and destination of your order (for UK Mainland orders under £120 + VAT will incur a £10 carriage charge and orders above £120 + VAT will be carriage paid, dependant on location). When you add goods to your Shopping Basket, the appropriate delivery charge will be added automatically and will be clearly set out. If you add additional items, please double check the charge by clicking "update".
9. MISSING, DAMAGED OR INCORRECT ORDERS
9.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem by emailing the address noted in clause 10.4.1, or writing to us at the address noted in clause 10.4.2. Therefore, upon receipt of your goods you should inspect your goods to ensure they have not been damaged in transit, and they are what you ordered, and the delivery is of a correct quantity. To assist us, and to minimise any delays, in addressing your problem you should report any problem (please quote your invoice number when contacting us) within 24 hours of the delivery of the goods in question. Not doing this may lead to delays in addressing your problem.
10. YOUR RIGHT TO CANCEL YOUR CONTRACT
10.1 The right to cancel your contract detailed in this clause 10 shall only apply if you are ordering from the European Economic Area.
10.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract.
10.3 You cannot cancel your contract if:
10.3.1 you return the goods without proof of purchase;
10.3.2 the goods are made to your specification or have been personalised;
10.3.3 by reason of their nature cannot be returned; or
10.3.4 the goods were "special order" goods that we do not normally stock.
10.4 To cancel your contract you must notify us in writing by:
10.4.1 emailing us at email@example.com; or
10.4.2 writing to us at Units 11 & 12, Halifax Industrial Centre, Pellon Lane, Halifax, West Yorkshire, HX1 5RW.
10.5 If you have received the goods before you cancel your contract then, unless under clause 10.3 you do not have a right to cancel, you must send the goods back to us at the address noted in clause 10.4.2 at your own cost and risk. You must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mail’s registered post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. The goods must be complete and in an‘as new’ condition. If you have opened the box to examine the goods you must have done so using reasonable care. The goods should be returned with the original accessories and the original box and packaging.
10.6 If you cancel your contract, but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address noted in clause 10.4.2 at your own cost and risk as soon as possible. Again, you must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mail’s registered post or using a reputable courier(in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening.
10.7 Once you have notified us that you are cancelling your contract, any sum debited (less handling fee in some instances to cover our administration and restocking costs - minimum £10) by us from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
11. RETURN OF FAULTY GOODS
11.1 In the unlikely event of a fault with your goods please contact our support staff:
11.1.1 by phoning: 01422 330008; or
11.1.2 by emailing: firstname.lastname@example.org .
11.2 Our support staff will discuss the alleged fault with you. If your goods need to be returned to us, our support staff will give you further instructions. Please also enclose with the return package a written description of the alleged fault in the goods. The return to us of the allegedly faulty goods will be at your own cost and risk. We therefore recommend that you return the goods to us using a form of registered or special post or using a reputable courier(in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. When returning the goods to us please do not use a premium courier service (e.g., sameday delivery) because we will only refund to you your reasonable direct costs of delivering the goods to us if the fault is verified.
11.3 Upon receipt of the allegedly faulty goods, they will be extensively tested for the reported fault. If after testing we verify the fault we will refund the reasonable direct costs of delivering the faulty goods to us and we will offer you either a refund, repair or exchange as is reasonable in your specific circumstances.
11.4 However, if we cannot verify the fault or we prove the goods are not faulty, the returned goods will be returned to you. You will be responsible for the cost of postage and packaging for the return of the goods to you in such circumstances. We reserve the right to charge you a fee for our time in diagnosing a purported fault where we can show you that the goods are not faulty.
11.5 To qualify for a refund or exchange of the goods:
11.5.1 you must give us proof of purchase (e.g., a delivery note/invoice, credit or debit card receipt); and
11.5.2 the goods must otherwise be in an ‘as new’ condition and complete with any original accessories and packaging.
11.6 Please return the goods to us at the address noted in clause 10.4.2.
11.7 We will not repair, exchange or refund goods whose fault was caused through accident, neglect, misuse or normal wear and tear.
12.1 We warrant to you that any goods you purchased from us through this website are of satisfactory quality and fit for their normal purpose.
12.2 If you or we notify a problem under clauses 7.3, 9.1 or 11, our only obligation to you will be, at your option (subject to as otherwise provided for in those clauses):
12.2.1 to make good any shortage or non-delivery;
12.2.2 to, as is reasonable in your circumstances, replace or repair any goods that are damaged or defective; or
12.2.3 to refund to you the amount paid by you for the goods in question.
12.3 Our maximum liability to you in connection with any goods purchased through our website is strictly limited to the purchase price of the goods in question.
12.4 We will not be liable under our contract with you for any loss, damage or expense you suffer as a result of us breaking any of our obligations if the loss, damage or expense is not a foreseeable consequence of us breaking our obligation. Loss, damage or expense is foreseeable where they could be contemplated by you and us at the time our contract with you is concluded. We are not responsible for indirect or consequential losses, damages or expenses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity). Under no circumstances shall we have any liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
12.5 We will take reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12.6 Our liability to you shall not in any way be limited:
12.6.1 for death or personal injury caused by our negligence;
12.6.2 under section 2(3) of the Consumer Protection Act 1987;
12.6.3 for fraud or fraudulent misrepresentation; or
12.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under English law.
13. ADDITIONAL TERMS
13.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
14. INTELLECTUAL PROPERTY
14.1 We, or our licensors, own the copyright, trademarks and all other intellectual property rights in all material and content of this website, which you may use, download and copy for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
14.2 You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it anyone else.
15. AVAILABILITY OF THIS WEBSITE
15.1 We make no warranty or promise that this website will remain available for your use, or that its use will always be free from viruses or bugs or any errors. We will not be liable to you for any loss of content or material you upload or transmit through this website.
16. THIRD PARTY ORDERS AND WEBSITES
16.1 We may provide links to other websites for your convenience. Any other websites to which you link from this website are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control and do not endorse them.
17. WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices and other communications that we provide you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address noted in clause 10.4.2 or by email to email@example.com and all notices from us to you will be emailed to you at the email address you provided us when you registered an account with us.
19. EVENTS BEYOND OUR CONTROL
19.1 We shall have no liability to you for any failure to deliver the goods you have ordered, or any delay in doing so, that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
19.2 Our performance under any contract is deemed to be suspended for the period that the event of the type described in clause 19.1 continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of the type described in clause 19.1 to a close or to find a solution by which our obligations under the contract may be performed despite the event of the type described in clause 19.1.
20.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
21.1 We do not accept amendments to these terms and conditions unless they are agreed in writing by one of our directors.
22. WAIVER 23. ASSIGNMENT 24. THIRD PARTY RIGHTS 25. GOVERNING LAW 26. ENTIRE AGREEMENT 27. WHO WE ARE
22.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and condition, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiv
23.1 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for goods to any third party unless agreed upon in writing by us.
23.2 We reserve the right to transfer, assign, novate or sub-contract the whole or part of any of our rights or obligations under these terms and conditions or any related contract to a third party.
24.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to our contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of our contract or these terms and conditions. However, this does not affect any right or remedy of a third party that exists or is available apart from that Act.
25.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us. English is the language offered for the conclusion of the contract between you and us.
26.2 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
27.1 This website is operated by, and any contract for the sale of goods will be with, CTS Ironmongery Ltd, Units 11 & 12, Halifax Industrial Centre, Pellon Lane, Halifax, West Yorkshire, HX1 5RW.
24. THIRD PARTY RIGHTS
25. GOVERNING LAW
26. ENTIRE AGREEMENT
27. WHO WE ARE